A VENKIDUSAMY DIED Vs. BALUSWAMY CHETTIAR POTHU

JUDGEMENT

(1.) THE defendant in the original suit is the appellant in the second appeal.

(2.) THE respondent herein instituted original suit No. 317/1991 on the file of the learned District Munsif, Palani for recovery of possession of the suit property based on alleged termination of tenancy, by issuing a statutory notice dated 9.10.1990, for recovery of a sum of Rs. 450/- as arrears of rent for three months from 1.8.1990 to 31.10.1990 at the rate of Rs. 150/- per month and for the recovery of damages for use and occupation, thereafter, at the rate of Rs. 600/- per month. THE suit was resisted by the appellant herein/defendant contending that the suit was not maintainable because the same was filed by S. Badrinarayanan in his individual capacity and not as a Trustee of the plaintiff Trust; that the tenancy was not terminated in accordance with law; that since the Trust had become defunct, the exemption provided in G.O. Ms. No. 2000, dated 16.8.1976 to the properties belonging to the Public Religious and Charitable Trusts from the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 will not be applicable to the plaintiff.

(3.) AS against the said judgment and decree of the trial Court, the appellant herein preferred an appeal on the file of the District Court, Dindigul in A.S. No. 212 of 1994. The learned District Judge by judgment dated 12.2.1996 dismissed the above said appeal with cost and confirmed the judgment and decree of the trial Court. Hence, the appellant/defendant is before this Court challenging the decree passed by the trial Court which stands confirmed by the lower appellate Court.